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Home My WebLink AboutAG-08/25/2009 ELIZABETH A. NEVILLE Town Hall, 53095 Main Road TOWN CLERK PO Box 1179 Southold, NY 11971 REGISTRAR OF VITAL STATISTICS Fax (631) 765-6145 MARRIAGE OFFICER Telephone: (631) 765 - 1800 RECORDS MANAGEMENT OFFICER www.southoldtown.northfork.net FREEDOM OF INFORMATION OFFICER FINAL AGENDA SOUTHOLD TOWN BOARD August 25, 2009 4:30 PM POLICY: At scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. CALL TO ORDER 4:30 PM Meeting called to order on August 25, 2009 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrival ??? Councilman William Ruland ??? Councilman Vincent Orlando ??? Councilman Albert Krupski Jr. ??? Councilman Thomas H. Wickham ??? Justice Louisa P. Evans ??? Supervisor Scott Russell ??? Town Clerk Elizabeth A Neville ??? Town Attorney Martin D. Martin I. REPORTS 1. Town Clerk Report 2009 1st Quarter 2. Town Clerk Report 2009 2nd Quarter 3. Town Clerk Report 2009 1st Half 4. Justice William H. Price, Jr. Southold Town Meeting Agenda - August 25, 2009 Page 2 July 2009 5. Justice Louise P. Evans July 2009 6. Justice Rudolph H. Bruer July 2009 7. Engineer July 2009 II. PUBLIC NOTICES 1. NYS DEC Notice of Complete Application CJC1 Corporation, 74495 Main Rd, Greenport - Freshwater Wetlands, construct an 80’ x 112’ industrial storage/garage with parking, drainage and sanitary system. 2. Notice of Liquor License Renewal Rinconcito Hispano Restaurant, Unit 7, Sterlington Commons, Greenport Doniella's Restaurant d/b/a DoLittles, 10094 Main Rd., Mattituck G & E Seafood Barge Inc. d/b/a Seafood Barge, 62980 Main Rd., Southold 3. Notice of Application to Army Corps of Engineers Michael Kenna, construct a fixed catwalk with an aluminum ramp onto a floating dock. Corey Creek, Southold III. COMMUNICATIONS IV. DISCUSSION 1. 9:00 Am - Jim Bunchuck 2 year permit proposal 2. 9:30 Am - Jamie Richter and Peter Harris Lake Mobile Project 3. 9:45 Am - Jamie Richter and John Sep MS4 filing - Notice of Intent 4. 10:00 Am - Jeff Standish and Supervisor Russell Deer Management Southold Town Meeting Agenda - August 25, 2009 Page 3 5. 10:15 Am - Heather Lanza Comp Plan Update Team, Comp Plan Update funding, Transportation Funding 6. 11:00 Am - Neb Brashich North Fork Trail Signage Match 7. No Parking Request Cox Neck Road, Mattituck 8. Replacement for Ruth Oliva on ZBA Replacement as ZBA liaison on LWRP 9. Wind Energy Code Amendment 10. Flood Damage Legislation 11. Amendments to Wireless Code 12. Update on LWRP Policy 6.3, Amendments to Minor Exempt Action List Dredging Windows 13. Executive Session Contract Negotiations - PBA V. RESOLUTIONS 2009-708 CATEGORY: Audit DEPARTMENT: Town Clerk Approve Audit 8/25/09 RESOLVED approves the audit dated that the Town Board of the Town of Southold hereby August 25, 2009. ? Vote Record - Resolution RES-2009-708 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - August 25, 2009 Page 4 2009-709 CATEGORY: Set Meeting DEPARTMENT: Town Clerk Set Next Meeting 9/8/09 7:30 Pm RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, September 8, 2009 at the Southold Town Hall, Southold, New York at 7:30 P. M.. ? Vote Record - Resolution RES-2009-709 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-710 Tabled 8/11/2009 7:30 PM CATEGORY: Seqra DEPARTMENT: Town Attorney Adopt Final Scope/Goldsmith Inlet WHEREAS , the Town Board of the Town of Southold (the “Board”) is aware of, has participated in the preparation of, or has prepared a number of studies, analyses, etc. over the past approximately 20 years; and WHEREAS, the Board caused to be prepared an analysis of these studies to determine the most efficient action to be taken, entitled “An Assessment of Jetty Shortening Alternatives Goldsmith Inlet, Bay, and Adjacent Shorelines;” and WHEREAS , the Assessment delineated a number of recommendations that would provide needed mechanisms to achieve the following goals: 1 To reduce the need for dredging at Goldsmith’s Inlet as a result of the jetty. 2 Tomitigate any potential adverse impacts from the reduction in jetty size to downdrift properties; and Southold Town Meeting Agenda - August 25, 2009 Page 5 WHEREAS , the Board acknowledges the recommendations of the studies analyzed in the Assessment; and WHEREAS , the action is not expected to cause significant adverse impacts since it advances the goals of the Town; however, the action is of local significance, and does involve changes to natural resources; is an Unlisted action pursuant to the New York State Environmental Quality Review Act (SEQRA) and Title 6 of the New York State Code of Rules and Regulations (6 NYCRR) Part 617, and, lastly that the action will affect property, resources and the shaping of the shoreline’s future; and WHEREAS , the Board has the authority to effect changes to the jetty which is Town owned, subject to required permits at the Town, State and Federal levels of government; and WHEREAS , on July 15, 2008 the Town Board declared its intent to assume lead agency status under SEQRA, declared its intent to classify the proposed action as an Unlisted Action under SEQRA, and declared its intent to prepare a DEIS; and WHEREAS , on October 21, 2008, the Town Board declared itself the Lead Agency for the purpose of SEQRA review of the proposed action, classified the proposed action as an Unlisted Action pursuant to 6 NYCRR Part 617, and issued a positive declaration requiring a DEIS upon the completion of the coordination period; and WHEREAS , the Town has prepared and submitted a Draft Scope for the proposed action for review by the Town Board, involved and interested agencies and the public; and WHEREAS , the Town has held two duly noticed public hearings on the Draft Scope on December 2, 2009 and on March 10, 2009 at which members of the public and involved and interested agencies were given the opportunity to comment on the Draft Scope; and Southold Town Meeting Agenda - August 25, 2009 Page 6 WHEREAS , the Town Board has carefully considered all relevant comments regarding the Draft Scope, has made certain revisions to the Draft Scope based upon public comments, and has submitted the revised Draft Scope for acceptance as the Final Scope. NOW THEREFORE BE IT RESOLVED , that the Town Board of the Town of Southold, acting as Lead Agency in accordance with 6 NYCRR Section 617.8 determines that the proposed Final Scope properly identifies the potential for significant adverse impacts on the environment and hereby adopts the same and directs that a DEIS on the proposed action be prepared. ? Vote Record - Resolution RES-2009-710 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-711 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Recreation Hire Fall 2009 Recreation Program Instructors RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute an agreement with the following individuals and businesses for the fall 2009 Recreation Programs , all in accordance with the approval of the Town Attorney. Funding for the instructors listed below has been budgeted for in the Recreation Department's 2009 instructor line A7020.4.500.420. Antoinette Beck-Witt (drawing class)........................................... $30/hour Sara Bloom (memoir writing)....................................................... $30/hour Thomas Boucher (guitar)............................................................. $30/hour Bernard Cannac (intro to French)................................................ $30/hour Constance Case (quilting)…………………………………………. $30/hour Elizabeth Casey (art of improv)……………………………..……. $30/hour Eugenia Cherouski (folk dancing)............................................... $30/hour James Crosser (Youth Basketball Program)……………………. $20/hour Paula Croteau (baking classes)…………………………….……… $30/hour Southold Town Meeting Agenda - August 25, 2009 Page 7 Mary Dempsey (English as a second language).......................... $30/hour Kirk Dombrowski (non-contact karate)…………………….……… $30/hour Lenora Dome (belly dancing).................................................... $30/hour Martha Eagle (Aerobics/Pilates/Yoga/Power Stretching)............. $30/hour Linda Eckert (sewing)………....................................................... $30/hour Donna Egidi (ceramics)……....................................................... $30/hour East End Insurance Services (Defensive Driving)..................... $30/person Kathy Gadomski (Youth Night Program)………………………… $30/hour Tom Gadomski (Youth Night Program)………………………… $30/hour Bill Gatz (Youth Basketball Program)…………………………… $30/hour Dan Gebbia (dog obedience)..................................................… $70/dog Denise Gillies (Tai Chi)……………..…..………………….……… $30/hour Christine Henson Thorp (Crochet Class)………………………… $30/hour Gail Horton (rug hooking)………………..………………….…… $30/hour Rosemary Martilotta (yoga classes)……………………………..... $55/class Judy McCleery (Digital Photography)…………………………… $30/hour Tom McGunnigle (basic golf)…………………………………… $50/person Cynthia Mignone (Youth Night Program)……..………….. ….. $30/hour Sue Mulholland (bridge lessons)................................................ $30/hour Connie Rosnack (Youth Night Program)……..………………… $30/hour Candice Schott (Youth Night Program)……..………………….. $30/hour Megan Schutt (Youth Night Program)……..…………………… $30/hour Laurie Short (aerobics classes)................................................... $30/hour Steve Smith (Weight Training)..................................................... $30/hour Gail Starkie (acrylic painting)....................................................... $30/hour Jocelyn Suglia (Youth Basketball Program)………………….. $30/hour Angela Tondo (Mommy & Me)................................................... $30/hour Barbara Terranova (tennis lessons)............................................. $30/hour Maria Trupia (gifts & baskets)..................................................... $30/hour Touch Dancing Studios (ballroom dancing)……………………… $65/person Kendra Wadlington (beginner computer)................................... $30/hour ? Vote Record - Resolution RES-2009-711 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-712 CATEGORY: Budget Modification DEPARTMENT: Planning Board Modify the 2009 Planning Department Budget Southold Town Meeting Agenda - August 25, 2009 Page 8 Fiscal Impact: To cover the cost of a seasonal employee working on storm water baseline data collection which will help the Town begin to comply with MS4 storm water requirements. We expect to be reimbursed by a current storm water grant; however, reimbursement will likely not come until early 2010. The small amount of overtime was the result of a miscommunication and only happened once before it was corrected. RESOLVEDmodifies the 2009 Planning that the Town Board of the Town of Southold hereby Department budget as follows: From: B 1990 4 100 100 Unallocated Contingencies $5298.00 To: B.8020.1.300.100 Seasonal Employees: $5280.00 Regular Earnings To: B.8020.1.300.200 Seasonal Employees: $18.00 Overtime Earnings ? Vote Record - Resolution RES-2009-712 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-713 CATEGORY: Budget Modification DEPARTMENT: Public Works Appropriate Grant from Lions Club of Mattituck Fiscal Impact: This is a donation from the Mattituck Lions Club for the restoration of Strawberry Fields after the use of the field for the Strawberry Festival. WHEREAS the Lions Club of Mattituck has made a donation of $2000.00 to the Town of Southold for the restoration of Strawberry Fields, and WHEREAS the Town Board has determined that it is in the best interest of the Town to appropriate the aforementioned donation for restoration of said Strawberry Fields, now therefore be it Southold Town Meeting Agenda - August 25, 2009 Page 9 RESOLVED increases the 2009 General that the Town Board of the Town of Southold hereby Fund Whole Town Budget as follows : Revenues: A.2705.40 Gifts & Donations, Other $2000.00 Appropriations: A.1620.4.400.200 Buildings & Grounds, C.E. Property Maintenance & Repairs $2000.00 ? Vote Record - Resolution RES-2009-713 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-714 CATEGORY: Budget Modification DEPARTMENT: Justice Court 2009 Budget Mod - Justice Court Fiscal Impact: Please consider the following budget modification to the 2009 General Fund Whole Town budget to cover the over-expended appropriation lines. RESOLVEDmodifies the 2009 Whole that that Town Board of the Town of Southold hereby Town, General Fund budget as follows: To: A.1110.1.300.100 Seasonal Employees Regular Earnings $339.64 A.1110.4.600.600 Miscellaneous Dues & Subscriptions $360.00 Total $699.64 From: A.1110.4.100.100 Office Supplies & Materials Office Supplies & Stationary $699.64 Southold Town Meeting Agenda - August 25, 2009 Page 10 ? Vote Record - Resolution RES-2009-714 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-715 CATEGORY: Bid Acceptance DEPARTMENT: Town Clerk Accept the Bid of Pirates Cove Marine, Fishers Island, in the Amount of $2,558.40 for Repair and Placement of Channel Markers to be Placed in Both West Harbor and Hay Harbor, Fishers Island accepts the bid of Pirates Cove RESOLVED that the Town Board of the Town of Southold hereby Marine$2,558.40 for repair and placement of channel , Fishers Island, New York, in the amount of markers to be placed in both West Harbor and Hay Harbor , Fishers Island, New York, as well as , repair and replace, or return missing markers and instructional floats retrieve that are lost during $70.00 per marker plus the cost of necessary materials the season, at a rate of , buoys to be prepared and placed at the beginning of the season, and removed and stored by October 15, 2009; foregoing all in Town Attorney. accordance with the bid proposal and ? Vote Record - Resolution RES-2009-715 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-716 CATEGORY: Budget Modification DEPARTMENT: Highway Department 2009 Budget Modification - Highway Fiscal Impact: The reason for this transfer was due to the fact that a new line item was necessitated for payment of rubbish removal charges which were not related to cleanup week debris. RESOLVEDmodifies the 2009 Highway that the Town Board of the Town of Southold hereby Southold Town Meeting Agenda - August 25, 2009 Page 11 Fund Part Town budget as follows : To: DB.5140.4.400.150 Brush & Weeds/Miscellaneous Contractual Expense Contracted Services Rubbish Disposal $ 3,500.00 TOTAL: $ 3,500.00 From : DB.5110.4.100.100 General Repairs Contractual Expense Supplies & Materials Miscellaneous Supplies $ 3,500.00 TOTAL: $ 3,500.00 ? Vote Record - Resolution RES-2009-716 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-717 CATEGORY: Attend Seminar DEPARTMENT: Town Clerk NYS Archives Records Management Seminar RESOLVED grants permission to that the Town Board of the Town of Southold hereby Records Management Assistant Stacey Norklun to attend a New York State Archives seminar on Managing Historical Photographs in Hauppauge, on August 26, 2009 . Travel expenses to be a legal charge to the 2009 Town Clerk budget. ? Vote Record - Resolution RES-2009-717 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - August 25, 2009 Page 12 2009-718 CATEGORY: Letter of Credit DEPARTMENT: Town Attorney Accepts the Renewal of the Letter of Credit No. 170000360 by the Bridgehampton National Bank in the Amount of $26,075.00 for the Pending Subdivision Application of “Mill Creek Preserve, LLC” RESOLVED accepts the renewal of the that the Town Board of the Town of Southold hereby Letter of Credit No. 170000360 by the Bridgehampton National Bank in the amount of $26,075.00 with an expiration date of August 17, 2010 for the pending subdivision application of “Mill Creek Preserve, LLC” recommended by the Southold Town Planning Board, all in accordance with the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-718 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-719 CATEGORY: Trailer Permit DEPARTMENT: Town Clerk The Transfer of the Trailer Permit from Ernest Schneider to Emma’s Garden Growers RESOLVEDthe transfer of the that the Town Board of the Town of Southold hereby approves Trailer Permit from Ernest Schneider to Emma’s Garden Growers , located at 7645 Alvahs Lane, Cutchogue. Trailer has been historically used as security housing for the greenhouse and property. ? Vote Record - Resolution RES-2009-719 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-720 CATEGORY: Advertise Southold Town Meeting Agenda - August 25, 2009 Page 13 DEPARTMENT: Town Clerk Readvertise for Transportation Commission RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to readvertise for a member to Transportation Commission . ? Vote Record - Resolution RES-2009-720 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-721 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Appoint Donald R. Wilson to the Housing Advisory Commission RESOLVED appoints Donald R. Wilson that the Town Board of the Town of Southold hereby to the Housing Advisory Commission , effective immediately through March 31, 2012. ? Vote Record - Resolution RES-2009-721 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-722 CATEGORY: Close/Use Town Roads DEPARTMENT: Town Clerk Grant Permission to North Fork Beach Volleyball to Park Overflow Vehicles Along Breakwater Road, in the Vicinity of Breakwater Park on Saturday, 12, 2009 RESOLVEDgrants permission to North that the Town Board of the Town of Southold hereby Fork Beach Volleyball to park overflow vehicles along Breakwater Road, in the vicinity of Breakwater park on Saturday, August 28, 2009 (r.d. 8/29) for their annual volleyball Southold Town Meeting Agenda - August 25, 2009 Page 14 Saturday, 12, 2009 (rd 9/13) tournaments and on for the Beach Volleyball awards party, provided they file with the Town Clerk a One Million Dollar Certificate of Insurance naming the Town of Southold as an additional insured and provided the cars are displaying a Mattituck Park District stickers or “official tournament parking” flyers and they contact Captain Martin Flatley of the Southold Police Department immediately for proper placement of the permits. ? Vote Record - Resolution RES-2009-722 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-723 CATEGORY: Policies DEPARTMENT: Public Works Adopt 2009 Southold Town Deer Management Program RESOLVED that the Town Board of the Town of Southold hereby adopts the 2009 Southold Town Deer Management Program, whereby the following Town-owned properties will be designated as properties available for the issuance of archery hunting permits to Town residents for the period of October 5, 2009 through December 31, 2009, seven days a week: Hogs Neck, Sections I and II, Southold; Tall Pines, Southold; the Reese Property, Greenport; the Stackler Property, Greenport; Damiano’s, Southold; Adamowicz, Mattituck; and Young’s, Mattituck. The following properties will be open Wednesdays through Saturdays: Arshamomaque Pond, Southold; Mill Road, Mattituck; and Down’s Farm, Cutchogue, and BE IT FURTHER RESOLVED that the Town Clerk is hereby authorized to issue such archery hunting permits by lottery drawing, that all such issued permits shall be subject to the rules for the 2009 Town of Southold Deer Management Program, and shall be subject to revocation upon the violation of any such rules; and BE IT FURTHER RESOLVED that the Town of Southold, Department of Public Works, shall Southold Town Meeting Agenda - August 25, 2009 Page 15 be authorized to institute such further rules and procedures necessary to manage the 2009 Town of Southold Deer Management Program, subject to oversight by the Town Board. ? Vote Record - Resolution RES-2009-723 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-724 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Authorizes and Directs Supervisor Scott A. Russell to Execute the Custom Network Solutions Basic Agreement Between the Town of Southold and Spring Solutions, Inc. RESOLVEDauthorizes and directs that the Town Board of the Town of Southold hereby Supervisor Scott A. Russell to execute the Custom Network Solutions Basic Agreement between the Town of Southold and Spring Solutions, Inc. for the installation of certain in- building wireless distribution equipment to enhance the cell phone coverage at Town Hall, subject to the approval of the Town Attorney. ? Vote Record - Resolution RES-2009-724 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-725 CATEGORY: Contracts, Lease & Agreements DEPARTMENT: Town Attorney Memorandum of Agreement W/CSEA RESOLVEDratifies and approves the that the Town Board of the Town of Southold hereby Memorandum of Agreement dated August 14, 2009 between the Town of Southold and the Southold Town Meeting Agenda - August 25, 2009 Page 16 CSEA , concerning utilization of the Suffolk County Department of Labor Works Program. ? Vote Record - Resolution RES-2009-725 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-726 CATEGORY: Authorize to Bid DEPARTMENT: Solid Waste Management District Screening Plant Re-Bid WHEREAS the Town Board hasdeclared the Re-Tech P622 Trommel Screen owned by the Solid Waste Management District to be surplus and authorized its advertisement for sale to the highest bidder; and WHEREAS no bids were received pursuant to such advertisement, it is RESOLVEDauthorizes and directs the that the Town Board of the Town of Southold hereby Town Clerk to re-advertise for bids for the Re-Tech P622 Trommel Screen and authorizes the placement of such advertisement(s) in the on-line auction house of “Machinerytrader.com” and the related paper publication “Eastern Machinery Trader” for the period September 4, 2009 – November 6, 2009. ? Vote Record - Resolution RES-2009-726 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-727 CATEGORY: Attend Seminar DEPARTMENT: Town Attorney Southold Town Meeting Agenda - August 25, 2009 Page 17 Grants Permission to Town Attorney, Martin D. Finnegan, and Assistant Town Attorney, Jennifer Andaloro, to View the Seminar Entitled “Legal Issues in Emergency Management”. RESOLVEDgrants permission to Town that the Town Board of the Town of Southold hereby Attorney, Martin D. Finnegan, and Assistant Town Attorney, Jennifer Andaloro, to view the seminar entitled “Legal Issues in Emergency Management”. All fees are to be a legal charge to the 2009 Town Attorney budget. ? Vote Record - Resolution RES-2009-727 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-728 CATEGORY: Local Law Public Hearing DEPARTMENT: Town Clerk LL in Relation To WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk “A Local Law in County, New York, on the 25th day of August, 2009, a Local Law entitled relation to Amendments to Chapter 148 of the Town Code entitled ‘Flood Damage Prevention’” now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 8th day of September, 2009 at 7:34 p.m. at which time all interested persons will be given an opportunity to be heard. “A Local Law in relation to Amendments to Chapter 148 The proposed Local Law entitled, of the Town Code entitled ‘Flood Damage Prevention’” reads as follows: Southold Town Meeting Agenda - August 25, 2009 Page 18 LOCAL LAW NO. 2009 “A Local Law in relation to Amendments to Chapter 148 of the Town A Local Law entitled, Code entitled ‘Flood Damage Prevention’” . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 148 of the Code of the Town of Southold is hereby amended as follows: §148-1. Findings. The Town Board of the Town of Southold finds that the potential and/or actual damages from flooding and erosion may be a problem to the residents of the Town of Southold and that such damages may include destruction or loss of private and public housing, damage to public facilities, both publicly and privately owned, and injury to and loss of human life. In order to minimize the threat of such damages and to achieve the purposes and objectives hereinafter set forth, this chapter is adopted. §148-2. Purpose. It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: A. Regulate uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities. B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction. C. Control the alteration of natural floodplains, stream channels and natural protective barriers which are involved in the accommodation of floodwaters. D. Control filling, grading, dredging and other development which may increase erosion or flood damages. E. Regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. F. Qualify for and maintain participation in the National Flood Insurance Program. §148-3. Objectives. The objectives of this chapter are to: A. Protect human life and health. B. Minimize expenditure of public money for costly flood-control projects. C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public. Southold Town Meeting Agenda - August 25, 2009 Page 19 D. Minimize prolonged business interruptions. E. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard. F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas. G. Provide that developers are notified that property is in an area of special flood hazard. H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. 148-4. Definitions. A. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application. B. As used in this chapter, the following terms shall have the meanings indicated: APPEAL -- A request for a review of the local administrator's interpretation of any provision of this chapter or a request for a variance. AREA OF SHALLOW FLOODING -- A designated AO, AH or VO Zone on a community's Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average annual depth of one to three feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. [Amended 5-12-1998 by L.L. No. 8-1998] AREA OF SPECIAL FLOOD HAZARD -- The land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. This area may be designated as Zone A, AE, AH, AO, A1 - A30, A99, V, VO, VE or V1 - V30. It is also commonly referred to as the "base floodplain" or "one-hundred-year floodplain." For purposes of this Local Law, the term “special flood hazard area (SFHA)” is synonymous in meaning with the phrase “area of special flood hazard”. BASE FLOOD -- The flood having a 1% chance of being equaled or exceeded in any given year. BASEMENT -- That portion of a building having its floor sub-grade (below ground level) on all sides. BREAKAWAY WALL -- A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system. BUILDING -- See "structure." Southold Town Meeting Agenda - August 25, 2009 Page 20 CELLAR -- The same meaning as "basement." COASTAL HIGH-HAZARD AREA -- An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources. The area is designated on the FIRM as Zone V1 - V30, VE, VO or V. CRAWL SPACE -- An enclosed area beneath the lowest elevated floor, eighteen inches or more in height, which is used to service the underside of the lowest elevated floor. The elevation of the floor of this enclosed area, which may be of soil, gravel, concrete or other material, must be equal to or above the lowest adjacent exterior grade. The enclosed crawl space area shall be properly vented to allow for equalization of hydrostatic forces which would be experienced during periods of flooding. [Added 5-12-1998 by L.L. No. 8-1998] DEVELOPMENT -- Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING -- A non-basement building built, in the case of a building in Zone A1 - A30, AE, A, A99, AO, AH, B, C, X or D, to have the top of the elevated floor or, in the case of a building in Zone V1 - 30, VE or V, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers) or shear walls parallel to the flow of the water and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zone A1 - A30, AE, A, A99, AO, AH, B, C, X or D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In the case of Zone V1 - V30, VE or V, "elevated building" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls that meet the federal standards. EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -- A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is complete before the effective date of the floodplain management regulations adopted by the community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION -- The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads). FEDERAL EMERGENCY MANAGEMENT AGENCY -- The federal agency that administers the National Flood Insurance Program. Southold Town Meeting Agenda - August 25, 2009 Page 21 FLOOD BOUNDARY AND FLOODWAY MAP (FBFM) -- An official map of the community published by the Federal Emergency Management Agency as part of a riverine community's Flood Insurance Study. The "FBFM" delineates a regulatory floodway along watercourses studied in detail in the Flood Insurance Study. FLOOD ELEVATION STUDY -- An examination, evaluation and determination of the flood hazards and, if appropriate, corresponding water surface elevations or an examination, evaluation and determination of flood-related erosion hazards. FLOOD or FLOODING -- A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of surface waters from any source. "Flood" or "flooding" also means the collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in "flooding" as defined above. FLOOD HAZARD BOUNDARY MAP (FHBM) -- An official map of a community, issued by the Federal Emergency Management Agency, where the boundaries of the areas of special flood hazard have been designated as Zone A but no flood elevations are provided. FLOOD INSURANCE RATE MAP (FIRM) -- An official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY -- See "flood elevation study." FLOODPLAIN or FLOOD-PRONE AREA -- Any land area susceptible to being inundated by water from any source (see definition of "flooding"). FLOODPROOFING -- Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY -- The same meaning as "regulatory floodway." FUNCTIONALLY DEPENDENT USE -- A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, such as a docking or port facility necessary for the loading and unloading of cargo or passengers, shipbuilding and ship repair facilities. The term does not include long-term storage, manufacturing, sales or service facilities. HIGHEST ADJACENT GRADE -- The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure. Southold Town Meeting Agenda - August 25, 2009 Page 22 HISTORIC STRUCTURE -- Any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a state inventory of historic places in states with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. LOCAL ADMINISTRATOR -- The person appointed by the community to administer and implement this chapter by granting or denying development permits in accordance with its provisions. This person is often the Code Enforcement Officer, the Building Inspector or an employee of an engineering department. LOWEST FLOOR -- The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's "lowest floor," provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. MANUFACTURED HOME -- A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term does not include a recreational vehicle. MANUFACTURED HOME PARK OR SUBDIVISION -- A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL -- For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum of 1988 (NAVD 88) or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. MOBILE HOME -- The same meaning as "manufactured home." NATIONAL GEODETIC VERTICAL DATUM (NGVD)" -- As corrected in 1929, a vertical Southold Town Meeting Agenda - August 25, 2009 Page 23 control used as a reference for establishing varying elevations within the floodplain. NEW CONSTRUCTION -- Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the community and includes any subsequent improvements to such structure. NEW MANUFACTURED HOME PARK OR SUBDIVISION -- A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. ONE-HUNDRED-YEAR FLOOD -- The same meaning as "base flood." PRIMARY FRONTAL DUNE -- A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope. PRINCIPALLY ABOVE GROUND -- At least 51% of the actual cash value of the structure, excluding land value, is above ground. RECREATIONAL VEHICLE -- A vehicle which is: (1) Built on a single chassis; (2) Four hundred square feet or less when measured at the largest horizontal projections; (3) Designed to be self-propelled or permanently towable by a light-duty truck; and (4) Not designed primarily for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. REGULATORY FLOODWAY -- The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 148-12B of this chapter. SAND DUNES -- Naturally occurring accumulations of sand in ridges or mounds landward of the beach. START OF CONSTRUCTION -- Includes substantial improvement and means the initiation, excluding planning and design, of any phase of a project or physical alteration of the property, and shall include land preparation, such as clearing, grading and filling; installation of streets and/or walkways; excavation for a basement, footings, piers or foundations; or the erection of Southold Town Meeting Agenda - August 25, 2009 Page 24 temporary forms. It also includes the placement and/or installation on the property of accessory buildings (garages, sheds), storage trailers and building materials. For manufactured homes, the "actual start" means the affixing of the manufactured home to its permanent site. The date of permit issuance for new construction and substantial improvements to existing structures, provided that actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading, or filling), or the installation of streets or walkways, or excavation for a basement, footings, piers or foundations, or the erection of temporary forms, or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual “start of construction” means of the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE -- A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE -- Damage of any origin sustained by a structure whereby the cost of restoring any structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT -- Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. The term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure. VARIANCE -- A grant of relief from the requirements of this chapter which permits construction or use in a manner that would otherwise be prohibited by this chapter. §148-5. Applicability. This chapter shall apply to all areas of special flood hazard within the jurisdiction of the Town of Southold. §148-6. Basis for establishing areas of special flood hazard. Southold Town Meeting Agenda - August 25, 2009 Page 25 A. The areas of special flood hazard for the Town of Southold, Community No. 360813, are identified and defined on the following documents prepared by the Federal Emergency Management Agency: [Amended 5-12-1998 by L.L. No. 8- 1998] (1) A scientific and engineering report entitled "Flood Insurance Study, Suffolk County, New York (all jurisdictions)," dated May 4, 1998 September 25, 2009. (2) Flood Insurance Rate Map Panel Numbers for Suffolk County, New York (all jurisdictions): 36103C0017H, 36103C0018H, 36103C0019H, 36103C0036H, 36103C0037H, 36103C0038H, 36103C0039H, 36103C0041H, 36103C0043H, 36103C0063H, 36103C0064H, 36103C0066H, 36103C0067H, 36103C0068H, 36103C0069H, 36103C0079H, 36103C0083H, 36103C0084H, 36103C0086H, 36103C0087H, 36103C0088H, 36103C0089H, 36103C0091H, 36103C0095H, 36103C0105H, 36103C0106H, 36103C0107H, 36103C0115H, 36103C0139H, 36103C0141H, 36103C0142H, 36103C0143H, 36103C0144H, 36103C0154H, 36103C0157H, 36103C0158H, 36103C0159H, 36103C0161H, 36103C0162H, 36103C0163H, 36103C0164H, 36103C0166H, 36103C0167H, 36103C0168H, 36103C0169H, 36103C0176H, 36103C0177H, 36103C0178H, 36103C0181H, 36103C0182H, 36103C0184H, 36103C0186H, 36103C0188H, 36103C0192H, 36103C0205H, 36103C0477H, 36103C0479H, 36103C0481H, 36103C0482H, 36103C0483H, 36103C0484H, 36103C0491H, 36103C0492H, 36103C0501H, 36103C0502H, 36103C0503H, 36103C0504H, 36103C0506H, 36103C0507H, 36103C0508H, 36103C0511Has shown as Index No. 36103C000, and panel(s) 0017, 0018, 0019, 0036, 0037, 0038, 0039, 0041, 0043, 0063, 0064, 0066, 0067, 0068, 0069, 0080, 0085, 0086, 0087, 0088, 0089, 0095, 0105, 0106, 0107, 0108, 0109, 0115, 0139, 0142, 0143, 0144, 0154, 0157, 0158, 0159, 0161, 0162, 0163, 0164, 0166, 0167, 0168, 0169, 0176, 0177, 0178, 0181, 0182, 0184, 0186, 0188, 0192, 0205, 0477, 0479, 0481, 0482, 0483, 0484, 0491, 0492, 0501, 0502, 0503, 0504, 0506, 0508 and 0511, whose effective date is May 4, 1998 September 25, 2009 and any subsequent revisions to these map panels that do not affect areas under the Town’s jurisdiction. B. The above documents are hereby adopted and declared to be a part of this chapter. The Flood Insurance Study and/or maps are on file at the office of the Town Clerk located at 53095 Route 25, Southold, New York. §148-7. Interpretation; conflict with other laws. A. This chapter includes all revisions to the National Flood Insurance Program through November 1, 1989 October 27, 1997, and shall supersede all previous laws adopted for the purpose of flood damage prevention. B. In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety and Southold Town Meeting Agenda - August 25, 2009 Page 26 welfare. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive or that imposing the highest standards shall govern. §148-8. Severability. The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof. §148-9. Penalties for offenses. No structure in an area of special flood hazard shall hereafter be constructed, located, extended, converted or altered and no land shall be excavated or filled without full compliance with the terms of this chapter and any other applicable regulations. Any infraction of the provisions of this chapter by failure to comply with any of its requirements, including infractions of conditions and safeguards established in connection with conditions of the permit, shall constitute a violation. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no more than $250 or imprisoned for not more than 15 days, or both. Each day of noncompliance shall be considered a separate offense. Nothing herein contained shall prevent the Town of Southold from taking such other lawful action as necessary to prevent or remedy an infraction. Any structure found not compliant with the requirements of this chapter for which the developer and/or owner has not applied for and received on approved variance under §§ 148-22 and 148-23 will be declared noncompliant and notification sent to the Federal Emergency Management Agency. § 148-10. Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Town of Southold, any officer or employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. §148-11. Designation of local administrator. The Building Inspector is hereby appointed local administrator to administer and implement this chapter by granting or denying floodplain development permits in accordance with its provisions. §148-12. Floodplain development permit; fees; deposit. A. Purpose. A floodplain development permit is hereby established for all construction and Southold Town Meeting Agenda - August 25, 2009 Page 27 other development to be undertaken in areas of special flood hazard in this community for the purpose of protecting its citizens from increased flood hazards and ensuring that new development is constructed in a manner that minimizes its exposure to flooding. It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in §148-6, without a valid floodplain development permit. Application for a permit shall be made on forms furnished by the local administrator and may include but not be limited to plans, in duplicate, drawn to scale and showing the nature, location, dimensions and elevations of the area in question; existing or proposed structures; fill; storage of materials; drainage facilities; and the location of the foregoing. B. Fees. All applications for a floodplain development permit shall be accompanied by an application fee of $100. In addition, the applicant shall be responsible for reimbursing the Town of Southold for any additional costs necessary for review, inspection and approval of this project. The local administrator may require a deposit of no more than $500 to cover these additional costs. §148-13. Application for permit. The applicant shall provide at least the following information, where applicable. Additional information may be required on the permit application form. A. The proposed elevation, in relation to mean sea level, of the lowest floor (including basement or cellar) of any new or substantially improved structure to be located in Zone A1 - A30, AE or AH or in Zone A if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor. B. The proposed elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of any new or substantially improved structure to be located in Zone V1 - V30 or VE or in Zone V if base flood elevation data are available. Upon completion of the lowest floor, the permittee shall submit to the local administrator the as-built elevation, certified by a licensed professional engineer or surveyor. C. The proposed elevation, in relation to mean sea level, to which any new or substantially improved nonresidential structure will be floodproofed. Upon completion of the floodproofed portion of the structure, the permittee shall submit to the local administrator the as-built floodproofed elevation, certified by a professional engineer or surveyor. D. A certificate from a licensed professional engineer or architect that any utility floodproofing will meet the criteria in § 148-16C, Utilities. E. A certificate from a licensed professional engineer or architect that any nonresidential floodproofed structure will meet the floodproofing criteria in §148-19, Nonresidential structures (except coastal high-hazard areas). F. A description of the extent to which any watercourse will be altered or relocated as a result of proposed development. Computations by a licensed professional engineer must be submitted that demonstrate that the altered or relocated segment will provide equal or Southold Town Meeting Agenda - August 25, 2009 Page 28 greater conveyance than the original stream segment. The applicant must submit any maps, computations or other material required by the Federal Emergency Management Agency (FEMA) to revise the documents enumerated in §148-6, when notified by the local administrator, and must pay any fees or other costs assessed by FEMA for this purpose. The applicant must also provide assurances that the conveyance capacity of the altered or relocated stream segment will be maintained. G. A technical analysis, by a licensed professional engineer, if required by the local administrator, which shows whether proposed development to be located in an area of special flood hazard may result in physical damage to any other property. H. In Zone A, when no base flood elevation data are available from other sources, base flood elevation data for subdivision proposals and other proposed developments (including proposals for manufactured home and recreational vehicle parks and subdivisions) that are greater than either 50 lots or five acres. I. In Zones V1 - V30 and VE and also in Zone V if base flood elevation data are available, designs and specifications, certified by a licensed professional engineer or architect, for any breakaway walls in a proposed structure with design strengths in excess of 20 pounds per square foot. J. In Zones V1 - V30 and VE and also in Zone V if base flood elevation data are available, for all new and substantial improvements to structures, design plans and specifications prepared in sufficient detail to enable independent review of the foundation support and connection components. Said plans and specifications shall be developed or reviewed by a licensed professional engineer or architect and shall be accompanied by a statement, bearing the signature of the architect or engineer, certifying that the design and methods of construction to be used are in accordance with accepted standards of practice and with all applicable provisions of this chapter. §148-14. Duties and responsibilities of local administrator. Duties of the local administrator shall include but not be limited to the following: A. Permit application review. The local administrator shall conduct the following permit application review before issuing a floodplain development permit. The local administrator shall: (1) Review all applications for completeness, particularly with the requirements of §148-13, Application for permit, and for compliance with the provisions and standards of this chapter. (2) Review subdivision and other proposed new development, including manufactured home parks, to determine whether proposed building sites will be reasonably safe from flooding. If a proposed building site is located in an area of special flood hazard, all new construction and substantial improvements shall meet the applicable standards of §§148-15 through 148-21, construction standards, and, in particular, §148-15B, Subdivision proposals. (3) Determine whether any proposed development in an area of special flood hazard may result in physical damage to any other property (e.g., stream bank erosion Southold Town Meeting Agenda - August 25, 2009 Page 29 and increased flood velocities). The local administrator may require the applicant to submit additional technical analyses and data necessary to complete the determination. If the proposed development may result in physical damage to any other property or fails to meet the requirements of §§148-15 through 148-21, no permit shall be issued. The applicant may revise the application to include measures that mitigate or eliminate the adverse effects and resubmit the application. (4) Determine that all necessary permits have been received from those governmental agencies from which approval is required by state or federal law. B. Use of other flood data. (1) When the Federal Emergency Management Agency has designated areas of special flood hazard on the community's Flood Insurance Rate Map (FIRM) but has neither produced water surface elevation data (these areas are designated Zone A or V on the FIRM) nor identified a floodway, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, including data developed pursuant to §148-13GH, as criteria for requiring that new construction, substantial improvements or other proposed development meet the requirements of this chapter. (2) When base flood elevation data are not available, the local administrator may use flood information from any other authoritative source, such as historical data, to establish flood elevations within the areas of special flood hazard for the purposes of this chapter. C. Alteration of watercourses. The local administrator shall: (1) Notify adjacent communities and the New York State Department of Environmental Conservation prior to permitting any alteration or relocation of a watercourse and submit evidence of such notification to the Regional Director, Region II, Federal Emergency Management Agency. (2) Determine that the permit holder has provided for maintenance within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. D. Construction stage. (1) In Zones A1 - A30, AE and AH and also in Zone A if base flood elevation data are available, upon placement of the lowest floor or completion of floodproofing of a new or substantially improved structure, the local administrator shall obtain from the permit holder a certification of the as-built elevation of the lowest floor or floodproofed elevation in relation to mean sea level. The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by the same. For manufactured homes, the Southold Town Meeting Agenda - August 25, 2009 Page 30 permit holder shall submit the certificate of elevation upon placement of the structure on the site. A certificate of elevation must also be submitted for a recreational vehicle if it remains on a site for 180 consecutive days or longer (unless it is fully licensed and ready for highway use). (2) In Zones V1 - V30 and VE and also in Zone V if base flood elevation data are available, upon placement of the lowest floor of a new or substantially improved structure, the permit holder shall submit to the local administrator a certificate of elevation, in relation to mean sea level, of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns). The certificate shall be prepared by or under the direct supervision of a licensed land surveyor or professional engineer and certified by same. For manufactured homes, the permit holder shall submit the certificate of elevation upon placement of the structure on the site. An elevation certificate must also be submitted for a recreational vehicle if it remains on a site 180 consecutive days or longer (unless it is fully licensed and ready for highway use). (3) Any further work undertaken prior to submission and approval of the certification shall be at the permit holder's risk. The local administrator shall review all data submitted. Deficiencies detected shall be cause to issue a stop-work order for the project unless immediately corrected. E. Inspections. The local administrator and/or the developer's engineer or architect shall make periodic inspections at appropriate times throughout the period of construction in order to monitor compliance with permit conditions and to enable said inspector to certify, if requested, that the development is in compliance with the requirements of the floodplain development permit and/or any variance provisions. F. Stop-work orders. (1) The local administrator shall issue or cause to be issued a stop-work order for any floodplain development found ongoing without a development permit. Disregard of a stop-work order shall subject the violator to the penalties described in § 148-9 of this chapter. (2) The local administrator shall issue or cause to be issued a stop-work order for any floodplain development found noncompliant with the provisions of this chapter and/or the conditions of the development permit. Disregard of a stop-work order shall subject the violator of the penalties described in §148-9 of this chapter. G. Certificate of compliance. (1) In areas of special flood hazard, as determined by documents enumerated in § 148-6, it shall be unlawful to occupy or to permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a certificate of compliance has been issued by the local administrator stating that the building or land conforms to the requirements of this chapter. Southold Town Meeting Agenda - August 25, 2009 Page 31 (2) A certificate of compliance shall be issued by the local administrator upon satisfactory completion of all development in areas of special flood hazard. (3) Issuance of the certificate shall be based upon the inspections conducted as prescribed in §148-14E Subsection E, Inspections, and/or any certified elevations, hydraulic data, floodproofing, anchoring requirements or encroachment analyses which may have been required as a condition of the approved permit. H. Information to be retained. The local administrator shall retain and make available for inspection copies of the following: (1) Floodplain development permits and certificates of compliance. (2) Certifications of as-built lowest floor elevations of structures required pursuant to Subsection §148-14D(1) and (2) and whether or not the structures contain a basement. (3) Floodproofing certificates required pursuant to Subsection §148-14 D(1) and whether or not the structures contain a basement. (4) Certifications required pursuant to § 148-18N, Breakaway wall design standards, and Subsection J of § 148-13, Application for permit. (5) Variances issued pursuant to §§ 148-22 and 148-23. (6) Notices required under Subsection §148-14C, Alteration of watercourses. §148-15. General standards. The following standards apply to new development, including new and substantially improved structures, in the areas of special flood hazard shown on the Flood Insurance Rate Map designated in § 148-6. A. Coastal high-hazard areas. The following requirements apply within Zones V1 - V30, VE and V: (1) All new construction, including manufactured homes and recreational vehicles on site 180 days or longer and not fully licensed for highway use, shall be located landward of the reach of high tide. (2) The use of fill for structural support of buildings, manufactured homes or recreational vehicles on site 180 days or longer is prohibited. (3) Man-made alteration of sand dunes which would increase potential flood damage is prohibited. B. Subdivision proposals. The following standards apply to all new subdivision proposals and other proposed development in areas of special flood hazard (including proposals for manufactured home and recreational vehicle parks and subdivisions): (1) Proposals shall be consistent with the need to minimize flood damage; (2) Public utilities and facilities such as sewer, gas, electrical and water systems shall be located and constructed so as to minimize flood damage; and Southold Town Meeting Agenda - August 25, 2009 Page 32 (3) Adequate drainage shall be provided to reduce exposure to flood damage. C. Encroachments. (1) Within Zones A1 - A30 and AE, on streams without a regulatory floodway, no new construction, substantial improvements or other development (including fill) shall be permitted unless: (a) The applicant demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any location; or (b) The Town of Southold agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Southold for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Southold for all costs related to the final map revision. (2) On streams with a regulatory floodway, as shown on the Flood Boundary and Floodway Map or the Flood Insurance Rate Map adopted in § 148-6, no new construction, substantial improvements or other developments in the floodway (including fill) shall be permitted unless: (a) A technical evaluation by a licensed professional engineer shows that such an encroachment shall not result in any increase in flood levels during occurrence of the base flood; or (b) The Town of Southold agrees to apply to the Federal Emergency Management Agency (FEMA) for a conditional FIRM and floodway revision, FEMA approval is received and the applicant provides all necessary data, analyses and mapping and reimburses the Town of Southold for all fees and other costs in relation to the application. The applicant must also provide all data, analyses and mapping and reimburse the Town of Southold for all costs related to the final map revisions. §148-16. Standards for all structures. A. Anchoring. New structures and substantial improvement to structures in areas of special flood hazard shall be anchored to prevent flotation, collapse or lateral movement during the base flood. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. B. Construction materials and methods. Southold Town Meeting Agenda - August 25, 2009 Page 33 (1) New construction and substantial improvements to structures shall be constructed with materials and utility equipment resistant to flood damage. (2) New construction and substantial improvements to structures shall be constructed using methods and practices that minimize flood damage. (3) For enclosed areas below the lowest floor of a structure within Zones A1 - A30, AE or AH and also in Zone A if base flood elevation data are available, new and substantially improved structures shall have fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a licensed professional engineer or architect or meet or exceed the following minimum criteria: (a) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (b) The bottom of all such openings shall be no higher than one foot above the lowest adjacent finished grade. (c) Openings may be equipped with louvers, valves, screens or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters. Enclosed areas sub-grade on all sides are considered basements and are not permitted. (4) Within Zones V1 - V30 and VE and also within Zone V if base flood elevation are available, new construction and substantial improvements s shall have the space below the lowest floor either free from obstruction or constructed with nonsupporting breakaway walls, open wood lattice-work or insect screening intended to collapse under wind and water loads without causing collapse, displacement or other structural damage to the elevated portion of the building or supporting foundation system. The enclosed space below the lowest floor shall be used only for parking vehicles, building access or storage. Use of this space for human habitation is expressly prohibited. The construction of stairs, stairwells and elevator shafts are subject to the design requirements for breakaway walls. C. Utilities. (1) Machinery and equipment servicing a building must either be elevated to New and replacement electrical equipment, heating, ventilating, air conditioning, plumbing connections and other service equipment shall be located at or above the base flood level or designed to prevent water from entering or accumulating within the components during a flood. This Southold Town Meeting Agenda - August 25, 2009 Page 34 includes heating, ventilating, and air-conditioning equipment, hot-water heaters, appliances, elevator lift machinery and electrical junction and circuit breaker boxes. When located below the base flood elevation, a professional engineer's or architect's certification of the design is required. (2) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (3) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters. Sanitary sewer and storm drainage systems for buildings that have openings below the base flood elevation shall be provided with automatic backflow valves or other automatic backflow devices that are installed in each discharge line passing through a building's exterior wall. (4) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. §148-17. Residential structures (except coastal high-hazard areas). A. Elevation. The following standards, in addition to the standards in § 148-15B, Subdivision proposals, and § 148-15C, Encroachments, and § 148-16, Standards for all structures, apply to new and substantially improved residential structures located in areas of special flood hazard as indicated: (1) Within Zones A1 - A30, AE and AH and also in Zone A if base flood elevation data are available, new construction and substantial improvements shall have the lowest floor (including basement) elevated to or above the two feet above the base flood elevationlevel. (2) Within Zone A, when no base flood elevation data are available, new and substantially improved structures shall have the lowest floor (including basement) elevated at least three feet above the highest adjacent grade. (3) Within Zone AO, new and substantially improved structures shall have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's Flood Insurance Rate Map enumerated in §148-6 (at least two feet if no depth number is specified). (4) Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes. §148-18. Residential structures (coastal high-hazard areas). The following standards, in addition to the standards in § 148-15A, Coastal high-hazard areas, and § 148-15B, Subdivision proposals, and § 148-16, Standards for all structures, apply to new and substantially improved residential structures located in areas of special flood hazard shown as Zone V1 - V30, VE or V on the community's Flood Insurance Rate Map designated in § 148- 6: Southold Town Meeting Agenda - August 25, 2009 Page 35 A. Elevation. New construction and substantial improvements shall be elevated on pilings, columns or shear walls such that the bottom of the lowest horizontal structural member supporting the lowest elevated floor (excluding columns, piles, diagonal bracing attached to the piles or columns, grade beams, pile caps and other members designed to either withstand storm action or break away without imparting damaging loads to the structure) is elevated to or above two feet above the level of the base flood elevation so as not to impede the flow of water. B. Determination of loading forces. Structural design shall consider the effects of wind and water loads acting simultaneously during the base flood on all building components. (1) The structural design shall be adequate to resist water forces that would occur during the base flood. Horizontal water loads considered shall include inertial and drag forces of waves, current drag forces and impact forces from waterborne storm debris. Dynamic uplift loads shall also be considered if bulkheads, walls or other natural or man-made flow obstructions could cause wave run-up beyond the elevation of the base flood. [Amended 5-12-1998 by L.L. No. 8-1998] (2) Buildings shall be designed and constructed to resist the forces due to wind pressure. Wind forces on the superstructure include windward and leeward forces on vertical walls, uplift on the roof, internal forces when openings allow wind to enter the house and upward force on the underside of the house when it is exposed. In the design, the wind should be assumed to blow potentially from any lateral direction relative to the house. (3) Wind-loading values used shall be those required by the building code. C. Foundation standards. (1) The pilings or column foundation and structure attached thereto shall be adequately anchored to resist flotation, collapse or lateral movement due to the effects of wind and water pressures acting simultaneously on all building components. Foundations must be designed to transfer safely to the underlying soil all loads due to wind, water, dead load, live load and other loads (including uplift due to wind and water). (2) Spread footings and fill material shall not be used for structural support of a new building or substantial improvement of an existing structure. D. Pile foundation design. (1) The design ratio of pile spacing to pile diameter shall not be less than 8:1 for individual piles (this shall not apply to pile clusters located below the design grade). The maximum center-to-center spacing of wood piles shall not be more than 12 feet on center under load-bearing sills, beams or girders. Southold Town Meeting Agenda - August 25, 2009 Page 36 (2) Pilings shall have adequate soil penetration (bearing capacity) to resist the combined wave and wind loads (lateral and uplift) associated with the base flood action simultaneously with typical structure (live and dead) loads and shall include consideration of decreased resistance capacity caused by erosion of soil strata surrounding the piles. The minimum penetration for foundation piles is to an elevation of five feet below mean sea level (msl) datum if the BFE is +10 msl or less or at least 10 feet below msl if the BFE is greater than +10 msl. (3) Pile foundation analysis shall also include consideration of piles in column action from the bottom of the structure to the stable soil elevation of the site. Pilings may be horizontally or diagonally braced to withstand wind and water forces. (4) The minimum acceptable sizes for timber piles are a tip diameter of eight inches for round timber piles and eight by eight (8 x 8) inches for square timber piles. All wood piles must be treated in accordance with requirements of EPEE-C3 to minimize decay and damage from fungus. (5) Reinforced concrete piles shall be cast of concrete having a twenty-eight- day ultimate compressive strength of not less than 5,000 pounds per square inch and shall be reinforced with a minimum of four longitudinal steel bars having a combined area of not less than 1% nor more than 4% of the gross concrete area. Reinforcing for precast piles shall have a concrete cover of not less than 1 1/4 inches for No. 5 bars and smaller and not less than 1 1/2 inches for No. 6 through No. 11 bars. Reinforcement for piles cast in the field shall have a concrete cover of not less than 21 2inches. (6) Piles shall be driven by means of a pile driver or drop hammer or jetted or augered into place. (7) Additional support for piles in the form of bracing may include lateral or diagonal bracing between piles. (8) When necessary, piles shall be braced at the ground line in both directions by a wood timber grade beam or a reinforced concrete grade beam. These at-grade supports should be securely attached to the piles to provide support even if scoured from beneath. (9) Diagonal bracing between piles, consisting of two-inch by eight-inch (minimum) members bolted to the piles, shall be limited in location to below the lowest supporting structural member and above the stable soil elevation and aligned in the vertical plane along pile rows perpendicular to the shoreline. Galvanized steel rods (minimum diameter one-half inch) or cable-type bracing is permitted in any plane. (10) Knee braces, which stiffen both the upper portion of a pile and the beam- to-pile connection, may be used along pile rows perpendicular and parallel to the shoreline. Knee braces shall be two-by-eight lumber bolted to the sides of the pile/beam or four-by-four or larger braces framed into the pile/beam. Bolting shall consist of two 5/8 inch galvanized steel bolts (each end) for two-by-eight members or one 5/8 inch lag bolt (each end) for square members. Knee braces shall not extend more than three feet Southold Town Meeting Agenda - August 25, 2009 Page 37 below the elevation of the base flood. E. Column foundation design. Masonry piers or poured-in-place concrete piers shall be internally reinforced to resist vertical and lateral loads and be connected with a movement-resisting connection to a pile cap or t pile shaft. F. Connectors and fasteners. Galvanized metal connectors, wood connectors or bolts of size and number adequate for the calculated loads must be used to connect adjoining components of a structure. Toe nailing as a principal method of connection is not permitted. All metal connectors and fasteners used in exposed locations shall be steel, hot-dipped galvanized after fabrication. Connectors in protected interior locations shall be fabricated from galvanized sheet. G. Beam to pile connections. The primary floor beams or girders shall span the supports in the direction parallel to the flow of potential floodwater and wave action and shall be fastened to the columns or pilings by bolting, with or without cover plates. Concrete members shall be connected by reinforcement, if cast in place, or (if precast) shall be securely connected by bolting and welding. If sills, beams or girders are attached to wood piling at a notch, a minimum of two 5/8 inch galvanized steel bolts or two hot-dipped galvanized straps 3/16 inch by four inches by 18 inches, each bolted with two 1/2 inch lag bolts per beam member, shall be used. Notching of pile tops shall be the minimum sufficient to provide ledge support for beam members without unduly weakening pile connections. Piling shall not be notched so that the cross section is reduced below 50%. H. Floor and deck connections. (1) Wood two-by-four-inch (minimum) connectors or metal joist anchors shall be used to tie floor joists to floor beams/girders. These should be installed on alternate floor joists, at a minimum. Cross bridging of all floor joists shall be provided. Such cross bridging may be one-by-three-inch members, placed eight feet on center, maximum, or solid bridging of the same depth as the joists at the same spacing. (2) Plywood should be used for subflooring and attic flooring to provide good torsional resistance in the horizontal plane of the structure. The plywood should not be less than 3/4 inch total thickness and should be exterior grade and fastened to beams or joists with 8d annular or spiral thread galvanized nails. Such fastening shall be supplemented by the application of waterproof industrial adhesive applied to all bearing surfaces. I. Exterior wall connections. All bottom plates shall have any required breaks under a wall stud or an anchor bolt. Approved anchors will be used to secure rafters or joists and top and bottom plates to studs in exterior and bearing walls to form a continuous tie. Continuous fifteen-thirty-seconds-inch or thicker plywood sheathing, overlapping the top wall plate and continuing down to the sill, beam or girder, may be used to Southold Town Meeting Agenda - August 25, 2009 Page 38 provide the continuous tie. If the sheets of plywood are not vertically continuous, then two-by-four nailer blocking shall be provided at all horizontal joints. In lieu of the plywood, galvanized steel rods of 1/2 inch diameter or galvanized steel straps not less than one inch wide by 1/16 inch thick may be used to connect from the top wall plate to the sill, beam, or girder. Washers with a minimum diameter of three inches shall be used at each end of the 1/2 inch round rods. These anchors shall be installed no more than two feet from each corner rod, no more than four feet on center. J. Ceiling joist/rafter connections. (1) All ceiling joists or rafters shall be installed in such a manner that the joists provide a continuous tie across the rafters. Ceiling joists and rafters shall be securely fastened at their intersections. A metal or wood connector shall be used at alternate ceiling joist/rafter connections to the wall top plate. (2) Gable roofs shall be additionally stabilized by installing one two-by-four blocking on two-foot centers between the rafters at each gable end. Blocking shall be installed a minimum of eight feet toward the house interior from each gable end. K. Projecting members. All cantilevers and other projecting members must be adequately supported and braced to withstand wind and water uplift forces. Roof eave overhangs shall be limited to a maximum of two feet and joist overhangs to a maximum of one foot. Larger overhangs and porches will be permitted if designed or reviewed by a registered professional engineer or architect and certified in accordance with § 148-13J of this chapter. L. Roof sheathing. (1) Plywood or other wood material, when used as roof sheathing, shall not be less than 15/32 inch in thickness and shall be of exterior sheathing grade or equivalent. All attaching devices for sheathing and roof coverings shall be galvanized or be of other suitable corrosion-resistant material. (2) All corners, gable ends and roof overhangs exceeding six inches shall be reinforced by the application of waterproof industrial adhesive applied to all bearing surfaces of any plywood sheet used in the sheathing of such corner, gable end or roof overhang. (3) In addition, roofs should be sloped as steeply as practicable to reduce uplift pressures, and special care should be used in securing ridges, hips, valleys, eaves, vents, chimneys and other points of discontinuity in the roofing surface. M. Protection of openings. All exterior glass panels, windows and doors shall be designed, detailed and constructed to withstand loads due to the design wind speed of 75 miles per hour. Connections for these elements must be designed to transfer safely the design loads to the supporting structure. Panel widths of multiple panel sliding glass doors Southold Town Meeting Agenda - August 25, 2009 Page 39 shall not exceed three feet. N. Breakaway wall design standards. (1) The breakaway wall shall have a design safe-loading resistance of not less than 10 and not more than 20 pounds per square foot, with the criterion that the safety of the overall structure at the point of wall failure shall be confirmed using established procedures. Grade beams shall be installed in both directions for all piles considered to carry the breakaway wall load. Knee braces are required for front row piles that support breakaway walls. (2) Use of breakaway wall strengths in excess of 20 pounds per square foot shall not be permitted unless a registered professional engineer or architect has developed or reviewed the structural design and specifications for the building foundation and breakaway wall components and certifies that breakaway walls will fail under water loads less than those that would occur during the base flood and that the elevated portion of the building and supporting foundation system will not be subject to collapse, displacement or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Water loading values used shall be those associated with the base flood. Wind loading values shall be those required by the building code. §148-19. Nonresidential structures (except coastal high-hazard areas). The following standards apply to new and substantially improved commercial, industrial and other nonresidential structures located in areas of special flood hazard, in addition to the requirements in § 148-15B, Subdivision proposals, and § 148-15C, Encroachments, and § 148- 16, Standards for all structures. A. Within Zones A1 - A30, AE and AH and also in Zone A if base flood elevation data are available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall either: (1) Have the lowest floor, including basement or cellar, elevated to or above two feet above the base flood elevation; or (2) Be floodproofed so that the structure is watertight below two feet above the base flood level elevation with walls substantially impermeable to the passage of water. All structural components located below the base flood level elevation must be capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. B. Within Zone AO, new construction and substantial improvements of nonresidential structures shall: Southold Town Meeting Agenda - August 25, 2009 Page 40 (1) Have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as two feet above the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified); or (2) Together with attendant utility and sanitary facilities, be completely floodproofed to that level to meet the floodproofing standard specified in §148-16CSubsection A(2). C. If the structure is to be floodproofed, a licensed professional engineer or architect shall develop and/or review structural design, specifications and plans for construction. A floodproofing certificate or other certification shall be provided to the local administrator that certifies that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of §148- 19Subsection A(2), including the specific elevation (in relation to mean sea level) to which the structure is to be floodproofed. D. Within Zones AH and AO, adequate drainage paths are required to guide floodwaters around and away from proposed structures on slopes. E. Within Zone A, when no base flood elevation data are available, the lowest floor (including basement) shall be elevated at least three feet above the highest adjacent grade. §148-20. Nonresidential structures (coastal high-hazard areas). In Zones V1 - V30 and VE and also in Zone V if base flood elevations are available, new construction and substantial improvements of any nonresidential structure, together with attendant utility and sanitary facilities, shall have the bottom of the lowest member of the lowest floor elevated to or above two feet above the base flood elevation. Floodproofing of structures is not an allowable alternative to elevating the lowest floor to two feet above the base flood elevation in Zones V1 - V30, VE and V. §148-21. Manufactured homes and recreational vehicles. The following standards, in addition to the standards in § 148-15, General standards, and § 148- 16, Standards for all structures, apply in areas of special flood hazard to manufactured homes and to recreational vehicles which are located in areas of special flood hazard. A. Recreational vehicles. (1) Recreational vehicles placed on sites within Zones A1 - A30, AE, AH, V1 - V30, V and VE shall either: (a) Be on site fewer than 180 consecutive days; (b) Be fully licensed and ready for highway use; or Southold Town Meeting Agenda - August 25, 2009 Page 41 (c) Meet the requirements for manufactured homes in Subsections B, D and E. (2) A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions. B. A manufactured home that is placed or substantially improved in Zones A1 - A30, AE, AH, V1 - V30, V or VE that is on a site either outside of an existing manufactured home park or subdivision, as herein defined; in a new manufactured home park or subdivision, as herein defined; in an expansion to an existing manufactured home park or subdivision, as herein defined; or in an existing manufactured home park or subdivision, as herein defined, on which a manufactured home has incurred substantial damage as the result of a flood shall, within Zones A1 - A30, AE and AH, be elevated on a permanent foundation such that the lowest floor is elevated to or above two feet above the base flood elevation and is securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement or, within Zones V1 - V30, V and VE, be elevated on a pile foundation such that the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) is elevated to or above two feet above the base flood elevation and securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. Methods of anchoring may include but are not limited to use of over-the-top or frame ties to ground anchors. C. A manufactured home to be placed or substantially improved in Zone A1 - A30, AE, AH, V1 - V30 or VE in an existing manufactured home park or subdivision that is not to be placed on a site on which a manufactured home has incurred substantial damage shall be : (1) Elevated in a manner such as required in Subsection B.; or (2) Elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. D. Within Zone Z A or V, when no base flood elevation data are available, new and substantially improved manufactured homes shall be elevated such that the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above the lowest adjacent grade and are securely anchored to an adequately anchored foundation system to resist flotation, collapse or lateral movement. Elevation on piers consisting of dry stacked blocks is prohibited. Southold Town Meeting Agenda - August 25, 2009 Page 42 E. Within Zone AO, the floor shall be elevated above the highest adjacent grade at least as high as the depth number specified on the Flood Insurance Rate Map enumerated in § 148-6 (at least two feet if no depth number is specified). Elevation on piers consisting of dry stacked blocks is prohibited. §148-22. Appeals board. A. The Zoning Board of Appeals, as established by the Town of Southold, shall hear and decide appeals and requests for variances from the requirements of this chapter. B. The Zoning Board of Appeals shall hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the local administrator in the enforcement or administration of this chapter. C. Those aggrieved by the decision of the Zoning Board of Appeals may appeal such decision to the Supreme Court pursuant to Article 78 of the Civil Practice Law and Rules. D. In passing upon such applications, the Zoning Board of Appeals shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter and: (1) The danger that materials may be swept onto other lands to the injury of others. (2) The danger to life and property due to flooding or erosion damage. (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (4) The importance of the services provided by the proposed facility to the community. (5) The necessity to the facility of a waterfront location, where applicable. (6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage. (7) The compatibility of the proposed use with existing and anticipated development. (8) The relationship of the proposed use to the Comprehensive Plan and floodplain management program of that area. (9) The safety of access to the property in times of flood for ordinary and emergency vehicles. (10) The costs to local governments and the dangers associated with conducting search and rescue operations during periods of flooding. (11) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site. (12) The costs of providing governmental services during and after flood Southold Town Meeting Agenda - August 25, 2009 Page 43 conditions, including search and rescue operations and maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges. E. Upon consideration of the factors of Subsection D and the purposes of this chapter, the Zoning Board of Appeals may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. F. The local administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency Management Agency upon request. §148-23. Conditions for variances. A. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that § 148-221D has been fully considered. As the lot size increases beyond 1/2 acre, the technical justification required for issuing the variance increases. B. Variances may be issued for the repair or rehabilitation of historic structures upon determination that: (1) The proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure. (2) The variance is the minimum necessary to preserve the historic character and design of the structure. C. Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use, provided that: (1) The criteria of Subsections A, D, E and F of this section are met. (2) The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threat to public safety. D. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. E. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. F. Variances shall only be issued upon receiving written justification of: Southold Town Meeting Agenda - August 25, 2009 Page 44 (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense or create nuisances or cause fraud on or victimization of the public or conflict with existing local laws or ordinances. G. Any applicant to whom a variance is granted for a building with the lowest floor below the base flood elevation shall be given written notice over the signature of a community official that the cost of flood insurance will be commensurate with the increased risk resulting from the lowest floor elevation. II. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. III. EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2009-728 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-729 CATEGORY: Committee Appointment DEPARTMENT: Town Clerk Zoning Board of Appeals Liaison to LWRP RESOLVEDappoints Michael Simon to that the Town Board of the Town of Southold hereby the position of Zoning Board of Appeals liaison to the Local Waterfront Revitalization Southold Town Meeting Agenda - August 25, 2009 Page 45 Program Coordinating Council, to serve without compensation. ? Vote Record - Resolution RES-2009-729 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-730 CATEGORY: Enact Local Law DEPARTMENT: Town Clerk Enact LL # 10 of 2009 Special Permits WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk th “A Local Law in relation County, New York, on the 28 day of July 2009, a Local Law entitled to Amendments to Special Events” and WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefor be it RESOLVEDENACTS that the Town Board of the Town of Southold hereby the proposed local “A Local Law in relation to Amendments to Special Events” law entitled, reads as follows: LOCAL LAW NO. 10 of 2009 “A Local Law in relation to Amendments to Special Events” A Local Law entitled, . BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose - To limit the applicability of the legislation specifically to apply to special events held on property owned, leased or controlled by the Town and to expand the jurisdiction of the ZBA to include special events held on land used in agriculture. II. Chapter 205 of the Code of the Town of Southold is hereby amended as follows: § 205-1. Certain entertainment restricted; permit required . A. To preserve public peace and good order and to prevent tumultuous assemblages, the following special events shall be prohibited in the Town of Southold, unless a Southold Town Meeting Agenda - August 25, 2009 Page 46 permit is obtained in accordance with the requirements set forth below: (1) All events or activities occurring on public property owned, leased or controlled by the Town, having more than 50 persons in attendance, open to the public, conducted outdoors, with or without an admission or invitation fee, a sponsorship, or requested donation and held on a one-time or occasional basis, including but not limited to carnivals, circuses, fairs, bazaars, outdoor shows, parades, walks, runs, marathons or bicycle races are prohibited in the Town of Southold, unless a permit is obtained in accordance with the requirements set forth below. (2) Outdoor events at a winery, for profit, at which the expected attendance exceeds the maximum occupancy of the public area of the building. B. Application for events on or utilizing public property owned, leased or controlled by the Town: (1) All applications for a special events permit shall be made to the Town Board of the Town of Southold at least 60 days prior to the proposed date of the event and filed with the Town Clerk, together with a fee of $100; $250.00 clean-up deposit fee; and a Certificate of Insurance not less than $1,000,000.00 naming the Town of Southold as an additional insured during the time of the event. (2) Where the Town Board determines that there is no specific Town benefit from the event or that the event is conducted for profit, a deposit shall be made in an amount to be determined prior to issuance of the permit based upon the estimated direct costs attributable to additional police and highway costs associated with the event. After the event, the deposit will be used to cover such costs. (3) Upon filing an application for a special event on public property owned, leased or controlled by the Town, the applicant shall send written notice to every property owner abutting or adjacent to the public property, as shown on the current Town of Southold assessment roll, and directly opposite (by extension of the lot lines through a street or right-of-way) of the public property owned, leased or controlled by the Town that is the subject of the application. For applications for a special events permit for a parade, walk, run, marathon, bicycle race, or similar events, notice shall be given to property owners abutting or adjacent to the location of the commencement of the event and to all property owners abutting or adjacent to the location of the terminus of the event. The Town Board may require additional notice, including but not limited to publication and signage, based upon the circumstances involved in each application, as necessary. Said notice shall include the date, time and location of the proposed special event. (4) Notwithstanding the foregoing, the Town Board shall have the discretion to waive any application requirement set forth in §205-1B(1)-(3) above. Southold Town Meeting Agenda - August 25, 2009 Page 47 C. Town Board Review Criteria: In determining whether to issue a special events permit on an application for an event on or utilizing public property owned, leased or controlled by the Town, the Town Board of the Town of Southold shall consider the following: (1) The size of the premises in relation to the number of people attending the event; (2) The sufficiency of arrangements made to control traffic, parking, noise, lighting and refuse; (3) The frequency of events proposed or approved for the premises and whether the frequency is so great that the events constitute a persistent usage of the property incompatible with its character or with that of the surrounding area; (4) Conflicts with ordinary public use of the land or facilities involved; (5) Whether the applicant has been convicted for failure to comply with the terms of this chapter within the past three years; and (6) Special events are strongly discouraged at Town beaches and parks from the Friday before the observance of Memorial Day until Labor Day. D. Applications for tents under this Chapter must be submitted to the Building Department. [Amended 1-16-2007 by L.L. No. 3-2007] E. If a winery holds an outdoor event, for profit, at which the expected attendance exceeds the maximum occupancy of the public area of the building, the winery must obtain approval from the Zoning Board of Appeals. An application shall be accompanied by a fifty-dollar fee. In granting such approval, the following factors must be considered: (1) All parking must be off street and traffic control must be provided by the winery. (2) Adequate sanitary facilities must be provided. (3) All food must be catered and prepared off site. (4) Events for 300 or more people require preparation of a traffic control plan. F. All other public activities which are not a permitted use under the Southold Town Code shall require the approval of the Zoning Board of Appeals. G.Penalties for Offenses. An offense against the provisions of this Chapter shall constitute a violation of this Chapter and shall be punishable by a fine of not more than $2,500. III. SEVERABILITY Southold Town Meeting Agenda - August 25, 2009 Page 48 If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV.EFFECTIVE DATE This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. ? Vote Record - Resolution RES-2009-730 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded 2009-731 CATEGORY: Planning DEPARTMENT: Town Attorney Approval of P&E, LLC ODA WHEREAS, on August 10, 2009 the Southold Town Planning Board granted Sketch Approval on the Sketch Plat prepared by Howard W. Young, L.S., dated May 27, 2009 and last revised on July 2, 2009 for a Conservation Subdivision pursuant to 240-26(A) of the Town Code; and WHEREAS, the Town Board has received a petition from P & E, LLC to establish an open development area pursuant to Chapter 240 of the Town code on property identified as part of SCTM #1000-120-3-11.11 and located in the A-C zoning district; and WHEREAS, the requested Open Development Area is located on 3.78 acres of the 22.17 +/- acre parcel with the Open Development Area consisting of three lots of approximately 1.26+/- acres per lot and the remaining 18+/- acres to be acquired by the Town using Community Preservation Funds and subject to a development rights easement; and WHEREAS, on August 11, 2009 the Town Board adopted a resolution accepting the petition as complete and setting the public hearing for August 25, 2009; and WHEREAS, on August 25, 2009, the Town Board held and closed a public hearing on the proposed establishment of the Open Development Area; and WHEREAS, the Town Board finds that the requirements for the establishment of an Open Development Area pursuant to Southold Town Code Chapter 240, ARTICLE VIII, Open Development Area have been met; and Southold Town Meeting Agenda - August 25, 2009 Page 49 WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; now, therefore be it RESOLVED that the Town Board of the Town of Southold establishes itself as lead agency and, as lead agency, makes a determination of non-significance and grants a Negative Declaration; and it is further RESOLVED that the Town Board of the Town of Southold hereby grants approval for the establishment of an Open Development Area for P&E, LLC on the map prepared by Howard W. Young, L.S., dated May 27, 2009 and last revised on July 2, 2009 subject to the following conditions: 1. The approval of the Open Development Area shall not be valid if the Sale of the Development Rights to the Town is not completed and a copy of the recorded deed of development rights is not submitted to the Town of Southold Town Board on or before one year from the date of this approval. 2. Submission and recording with the Suffolk County Clerk of covenants and restrictions on the Open Development area containing the following provisions: a. The establishment of a perpetual vegetative buffer on each lot between the agricultural use and the residential use properties. The buffer shall be comprised of evergreen plants of such type, height, spacing and arrangement as will effectively screen the activity on the lot from the agricultural area. As a minimum, the planting shall consist of a double row of trees 6 feet in height planted at intervals of 10 feet on center. b. All landscaped areas shall contain indigenous, drought tolerant vegetation in landscaping to minimize irrigation and the use of synthetic fertilizers and herbicides. c. All driveways shall be constructed of a pervious material. d. Installation of gutters, leader and drywells. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board of the Town of Southold has determined that this action is consistent with the LWRP. ? Vote Record - Resolution RES-2009-731 ? Adopted Yes/Aye No/Nay Abstain Absent ?? Adopted as Amended ? ? ? ? William Ruland ?? Defeated ???????? Vincent Orlando ?? Tabled ???????? Albert Krupski Jr. ?? Withdrawn ???????? Thomas H. Wickham ?? Supervisor's Appt ???????? Louisa P. Evans ?? Tax Receiver's Appt ???????? Scott Russell ?? Rescinded Southold Town Meeting Agenda - August 25, 2009 Page 50 VI. PUBLIC HEARINGS 1. 8/25/09 4:32 Pm - LL/Amendments to Special Events 2. 8/25/09 4:33 pm - P&E, LLC Open Development Area